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Volume I, Part II Conclusion and Entry into Force of Treaties, s.1 Conclusion of Treaties, Art.8 1969 Vienna Convention »

Nicolas Angelet, Tamara Leidgens
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State. Agrawala, S. K. , Essays on the Law of Treaties (Madras: Orient Longman, 1972), pp 10–24 Blix, H. , Treaty Making Power (London: Stevens & Sons, 1960), pp 7–16 and 76–82 Holloway, K. , Modern Trends in Treaty Law (London, Stevens & Sons, 1967), pp 384–8 Sinclair, I. , The Vienna Convention on the Law of Treaties (Manchester: Manchester...

Volume II, Part V Invalidity, Termination and Suspension of the Operation of Treaties, s.3 Termination and Suspension of the Operation of Treaties, Art.63 1969 Vienna Convention »

Nicolas Angelet
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
The severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established between them by the treaty except insofar as the existence of diplomatic or consular relations is indispensable for the application of the treaty. Basdevant, J. , Comment published under Paris Court of Appeals, 20 March 1944, Recueil Dalloz , 1945, pp 24–6 Capotorti, F. , ‘L'extinction et la suspension des traités’, RCADI , 1971-III, vol. 134, pp 529–30 Coulon, J. P. , Comment published under German Reichsgericht, 23 May 1925, JDI , 1926,...

Volume II, Part VI Miscellaneous Provisions, Art.74 1969 Vienna Convention »

Nicolas Angelet, Corinne Clavé
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself affect the situation in regard to diplomatic or consular relations. Bot, B. R. , Non Recognition and Treaty Relations (Leiden: Sijthoff, 1968), pp 30 ff Cameron, I. , First Report of the Foreign Affairs Committee of the House of Commons, ICLQ , 1985, vol. 34(3) (July), pp 610–11 Denza, E. , Diplomatic Law. A Commentary on the Vienna Convention on Diplomatic Relations...

Volume I, Part II Conclusion and Entry into Force of Treaties, s.1 Conclusion of Treaties, Art.8 1986 Vienna Convention »

Nicolas Angelet
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State or an international organization for that purpose is without legal effect unless afterwards confirmed by that State or that organization. 1. Article 8 of the 1986 Convention is not substantially different from the corresponding Article of the 1969 Convention. 1 It did not give rise to any observation, whether from governments or major international organizations, and was adopted without a vote at the Vienna Conference. 2...

Volume II, Part VI Miscellaneous Provisions, Art.75 1986 Vienna Convention »

Nicolas Angelet, Corinne Clavé
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between two or more of those States and one or more international organizations. The conclusion of such a treaty does not in itself affect the situation in regard to diplomatic or consular relations. 1. Article 75 of the Vienna Convention 1986 only concerns diplomatic and consular relations between States and excludes relations between a State and an international organization. This provision consequently only aims at treaties...

Consular Treaties »

Nicolas Angelet
1 Before it became part of customary international law and was made the object of a multilateral convention, consular law was governed by bilateral agreements determining the status of consular posts as well as consular functions , which are commonly referred to as consular treaties. Such treaties have become of less practical importance following the entry into force of the Vienna Convention on Consular Relations (1963) (‘VCCR’). Yet, irrespective of the fact that treaties entered into before the VCCR have remained in force, and that some States still conclude...

Fair and Equitable Treatment »

Nicolas Angelet
1 Fair and equitable treatment (‘FET’) is a standard of international investment law which, with some terminological variants such as ‘just and equitable treatment’ or ‘equitable treatment’, sets a quality requirement separate from domestic law for the interference of host State regulatory and adjudicatory systems with foreign investments (see McLachlan Shore and Weiniger 260 ; UNCTAD [2004] 213; Investments, International Protection ). 2 FET is concerned with treatment, that is, essentially with the host State’s decision-making process rather than with the...

Heads of Diplomatic Missions »

Nicolas Angelet
1 When permanent diplomatic relations were first introduced in the 15 th century by the Italian republics, heads of mission were considered to be representatives of the sovereign ( Sovereignty ). Gradually diplomacy became a professional career and the function of head of mission started to be governed by legally binding rules on the classification of heads of mission, their acceptability by the receiving State, the commencement of their functions, and also on their powers ( Representatives of States in International Relations ). 2 The Congresses of Vienna (...

Promise »

Eric Suy, Nicolas Angelet
1 In international law , a promise is an unequivocal statement formulated, either orally or in writing, by a subject of international law ( Subjects of International Law ), typically a State or an international organization and addressed, to one or more other subjects of international law or erga omnes , with the intention of making a legally binding commitment. 2 Promises may be made in the context of the conclusion of a negotiated agreement. In this framework, a promise is to be distinguished from an offer, which is conditional in that it becomes finally binding...